Facts
The 1972-born [O.] registered with the disability insurance office of the canton of Solothurn (hereinafter: IV office) on May 17, 2001, citing a cervical spine distortion suffered on May 20, 2000, and applied for a pension. With rulings of March 3 and May 16, 2006, the IV office granted the insured person a full disability pension retroactively from May 1, 2001, with a degree of disability of 100%.
On February 6, 2008, the IV office initiated a revision procedure regarding the ongoing pension on its own initiative. As part of this procedure, a revision interview took place on April 30, 2008. On July 4, 2008, AXA Winterthur, the liability insurer of the accident causer, transmitted to the IV office, among other things, the files of a private detective surveillance of the insured person conducted between December 2007 and May 2008.
Due to the discrepancies between the statements made during the revision interview and the results of the surveillance records, the IV office, after conducting the preliminary ruling procedure, discontinued the revision procedure with a ruling of November 27, 2008, and revoked the disability pension with reference to Art. 7b para. 2 InvIA, effective immediately.
The appeal filed by [O.] against this was dismissed by the Insurance Court of the Canton of Solothurn with a decision of January 25, 2011.
Considerations
The Federal Court has upheld the appeal and revoked the sanctions ruling of November 27, 2008, and the cantonal court decision. The IV office will therefore resume the discontinued revision procedure and examine whether to revisit the final rulings (possibly also in application of Art. 53 GSSLA).
Art. 7b para. 2 InvIA does not constitute an independent ground for revisiting…